Hampshire County Council

Executive Member - Recreation & Heritage Item 2

15 November 2007

Proposal to apply for a number of Traffic Regulation Orders to restrict

access and use by Motor Vehicles to specified Public Rights of Way

Report of the Director of Recreation and Heritage

Contact: Andrew Jones: Ext 6891 E-mail: [email protected]

Extract from the Road Traffic Regulation Act 1984

1. The Traffic Authority for a road outside Greater London may make an order under this section (referred to in this Act as a `Traffic Regulation Order') where it appears to the authority making the order that it is expedient to make it -

a) for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising, or

b) for preventing damage to the road or to any building on or near the road, or

c) for facilitating the passage on any road or any other road of any class of traffic (including pedestrians), or

d) for preventing the use of the road by vehicular traffic of a kind which or its use by vehicular traffic in a manner which is unsuitable having regard to the existing character of the road or adjoining property, or

e) (without prejudice to the generality of paragraph (d) above) for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot, or

f) for preserving or improving the amenities of the area through which the road runs.

g) For any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality).

14. Temporary prohibition or restriction on roads.

If the Traffic Authority for a road are satisfied that traffic on the road should be restricted or prohibited -

a) because works are being or are proposed to be executed on or near the road; or

b) because of the likelihood of danger to the public, or of serious damage to the road, which is not attributable to such works; or

c) for the purposes of enabling the duty imposed by section 89(1)(a) or (2) of the Environmental Protection Act1990 (litter clearing and cleaning) to be discharged

the authority may by order restrict or prohibit temporarily the use of that road, or any part of it, by vehicles, or vehicles of any class, or by pedestrians to such extent and subject to such conditions or exceptions as they may consider necessary.

1. Background to the application

1.1 Over recent months Hampshire County Council has received a number of requests, from members of the public, user groups and HCC Countryside Officers, for action to limit access to particular public rights of way by certain types of traffic. In particular, there is increasing concern that excessive use of rural byways by motorised vehicles during winter months is leading, in some cases, to damage to the surface of the route and a change in the character of the way that could be irreversible if allowed to continue.

1.2 The routes that were identified as most at risk have now been inspected by Countryside Service Officers to gauge the severity of the problem and to consider the most appropriate course of action.

1.3 On 13^th July 2007, the Assistant Manager Countryside (Access) wrote to a number of organisations and individuals with a known interest in the 20 routes identified by the risk assessment, seeking their views on the types of measure that might be put in place effectively to manage the use of these routes by all forms of wheeled vehicles.

1.4 A large number of responses were received as a result of this consultation exercise, including views both for and against a change in the current permitted use (or in some cases an extension of specific restrictions on use) applicable to these routes.

1.5 The views of all correspondents were taken into account during discussions with
area-based staff which resulted in the production of a matrix that identified those
routes where specific action was required in the short term to prevent further damage (Annex 1) and those routes where further consultation and monitoring would be necessary before immediate action could be justified.

2. Recommendations

2.1 It is recommended that a series of Orders be made for the introduction of Temporary Traffic Regulation Orders under section 14(1) of the Road Traffic Regulation Act 1984 on the ten sections of byway listed at paragraphs 4.1 and 4.2 above.

2.2 Once these Orders are in place, a further report should be prepared for the Executive Member for Recreation and Heritage seeking approval for the making of Permanent Traffic Regulation Orders on the nine sections of byway listed at paragraph 4.2 above.

3. Proposed course of action

3.1 This report seeks approval from the Executive Member for Recreation and Heritage to proceed with the introduction of Temporary Traffic Regulation Orders (TROs) for ten sections of Byway Open to All Traffic (BOATs) listed at Annex 1, in order to ensure that the routes identified as most at risk are not further degraded over the coming winter. These orders will last for a six month period only, unless the Secretary of State agrees to an extension, when they may be extended for as long as he sees fit.

3.2 During the period when the routes are protected by Temporary TROs, Countryside Officers will consult on and apply for the making of Permanent Orders on the majority of these routes, in order to ensure their long-term survival in a condition suitable for non-motorised use.

3.3 Once a Permanent TRO is in place, each of these routes will be monitored and the continuing requirement for a order reviewed at least every three years, as required by the Hampshire County Council Policy for the Management of Traffic on the Public Rights of Way Network (see Annex 2).

4. Routes for which an Order is recommended

4.1 Officers recommend the imposition of a Temporary TRO on the following route:

4.1.1 Farringdon BOAT No.25 - the southern section has recently been resurfaced and a period of restricted use is required to allow for the material to bed down.

4.2 Officers recommend the imposition of a Temporary TRO on the following routes in the short term, followed by a Permanent TRO in the longer term, in order for the routes to recover from damage caused by an unsustainable level of use by motorised vehicles:

4.2.1 Ashmansworth BOAT No.18 - resurfacing work will be undertaken to repair deep ruts once vehicles have been diverted from the route

4.2.2 Chawton BOAT No.10 - heavily rutted with deep pools of standing water

4.2.3 East Meon BOAT 42 - upgrade the existing TRO (which currently applies
only to four-wheeled vehicles) north of HMS Mercury to include all
motorised vehicles

4.2.4 Farringdon BOAT No.26 - heavily rutted with deep pools of standing water

4.2.5 Four Marks BOAT No.25 - connection through to the Farringdon and Chawton BOATS listed above

4.2.6 Hawkley BOAT No.24 - steeply banked with potential for further damage where water runoff is channelled by rutting

4.2.7 Hawkley BOAT No.26 - deep ruts have been created across a green field

4.2.8 Rockbourne BOAT No.32 - deep ruts through chalk downland

4.2.9 Whitsbury BOAT No.19a - deep ruts through chalk downland

LINK TO CORPORATE STRATEGY

Yes No

Hampshire safer and more secure for all

Maximising well-being _

Enhancing our quality of place _

Section 100 D - Local Government Act 1972 - Background Documents

The following documents disclose facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1. Published works

2. Documents which disclose exempt or confidential information as defined in the act.

TITLE LOCATION

Annex 1